Park Usage Agreement

PARK USAGE AGREEMENT

Parties

Recitals

WHEREAS, Park Authority: owns, manages, or controls the public park identified in this Agreement; and

WHEREAS, User desires to use a portion of the park for a specific activity and has applied for permission to conduct the activity described below at the location and on the dates set forth herein; and

WHEREAS, Park Authority is willing to allow such use on the terms and conditions set forth in this Agreement in order to protect public safety, park property, and the rights of other park users.

Event Details

Event Name:    Park Location / Area:

Event Date(s): From to    Start Time: End Time:

Expected Attendance:

Scope of Work

The User shall perform the activities described below on the date(s) and in the location specified. User obligations include set-up, event operation, safety measures, and restoration of the area to its pre-event condition.

Payment Terms

Total Fee Due: $    Deposit Required: $

Balance Due By:    Late Fee:

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within days after written notice. Park Authority may suspend or revoke permission immediately for public safety concerns or violation of law.

Insurance and Indemnification

User shall, at its own expense, maintain commercial general liability insurance with limits not less than $ per occurrence, naming Park Authority as additional insured where required. Proof of insurance in the form of a certificate must be delivered to Park Authority prior to the event.

To the fullest extent permitted by law, User shall indemnify, defend, and hold harmless Park Authority, its officers, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from User’s use of the park, negligence, willful misconduct, or breach of this Agreement.

Permits, Compliance and Public Safety

User is responsible for obtaining any required permits, licenses, special event permits, or approvals from relevant authorities prior to use and shall comply with all applicable laws, ordinances, rules, and Park Authority regulations. Failure to obtain required permits or to comply with conditions may result in immediate termination of this Agreement.

Cleanup, Damage and Security

User shall be responsible for cleanup and removal of all event materials and refuse immediately following the event. User shall restore the park area to its pre-event condition or reimburse Park Authority for restoration costs. Park Authority may require a security deposit of $ to secure performance of cleanup and repair obligations.

Cancellation and Refunds

Cancellation by User must be submitted in writing. If cancellation is received more than days prior to the event, deposit will be refunded less administrative fees. If cancelled within the notice period, deposit is forfeited except as otherwise determined by Park Authority.

Confidentiality

The parties acknowledge that in the course of performance of this Agreement they may receive Confidential Information. "Confidential Information" means non-public business or operational information disclosed in connection with this Agreement. Each party agrees not to disclose Confidential Information to any third party except as required by law or with the prior written consent of the disclosing party. The obligations of confidentiality shall survive for a period of three years following termination or expiration of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles.

Entire Agreement

This Agreement, including any attachments or referenced permits, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior or contemporaneous agreements, understandings, and representations. No amendment shall be effective unless in writing and signed by both parties.

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